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(영문) 서울고등법원 2018.05.31 2017노3804
특수공무집행방해치상등
Text

The judgment of the court below (including the portion not guilty) shall be reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and two years of imprisonment for Defendant B.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence adopted and examined by the lower court, the part of the participants at the time of the “AE” held on March 10, 2017 (hereinafter “instant assembly”) were found to have used each of the crimes listed in attached Table 2, such as assaulting reporters or destroying cameras, etc. in response to the Defendants’ speech inciting the violence, and thus, the Defendants conspired in sequence with the Defendants to obstruct order by assault, intimidation, etc. as the organizer of the instant assembly.

must be viewed.

2) The punishment sentenced by the lower court to the Defendants (two years of imprisonment for each of the two years) is too uncomfortable and unfair.

B. Defendants 1, 1, 2, 3, 1, 1, 1, 2, 2, 3, 2, 3, 3, 3, 4, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 5, 1, 5, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1,

A) The Defendants’ arguments as to paragraphs (a) and (d) are common, and there are several differences only within the scope of their respective arguments, and each of the Defendants’ arguments is organized as follows.

A) The Defendants did not plan or prepare violence prior to the instant assembly, and did not directly share the act of violence at the time of the instant assembly, or did not make a statement to instigate to do so.

(1) The Defendants’ somewhat excessive remarks are made at the level of guiding the participants in the assembly to prevent the accident since they could not control the participants in the assembly at the stage after the impeachment decision.

B. In the case of Defendant A, Defendant B made a statement that mainly led to the formation of a new political party or proposed the formation of a new political party in order to file a petition with the participants in the interested assemblies.

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